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Wages Still being garnished after 341 meeting!!!!!!!!!!!!!

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  • Wages Still being garnished after 341 meeting!!!!!!!!!!!!!

    I have filed for BK CH7 on 6/13/14 with an attorney.
    341 Meeting on 7/15/14 - Discharged! Currently waiting on 60 days to pass.

    My wages are still being garnished by one of the creditors! I have advised my attorney of this when we went to the meeting he advised me it should of been STOPPED a long time ago. He advised me he will call the Marshal when he get back to the office and he will recover the funds for me....I felt good hearing this and being that my meeting went well I was feeling good.

    My next paycheck came and there it was WAGE GARNISHED!!!!! I was so upset now. I decided to email my attorney. I waited 24 hours and still n reply from my lawyer. I then decided to take matters into my own hands because I wanted this to STOP by my next paycheck. I called the Marshal office and the female I spoke to was very helpful as I advised her my story. She asked my to fax her my BK Papers. I told her the only proof I have is the letter of the 341 meeting. She advised me that was enough she will get all the information she needs from that. I didn't wait I send it to her right away. 10 Mins later I called the Marshal Office again spoke to another person and she advised me "the release" has been sent to my employer.

    I then sent my attorney another email advising him what I have done and asking him to follow up with the Marshal office to recover my funds dated over a month. I hope he is able to help me and he gets it done.

    Being that I filed 6/13/14 and the Marshal Office was not advised of my BK filing until 7/18/14 will they send me back the money they have taken from my wages for that month....
    If I am not mistaken despite that they were advised late they are not allowed to keep that money....please advise....

  • #2
    I am assuming that this is a standard consumer debt, which is dischargeable in bankruptcy. Upon receiving proof of your bankruptcy filing, the marshal's office is required to stop further garnishment, and return to you (or return to your employer) any funds which were garnished, but not yet sent to the judgment creditor. You will need to contact the judgment creditor to recover any funds which were taken after the bankruptcy was filed; the creditor cannot legally keep those funds. A letter from your attorney should encourage the creditor to return the money which it is not legally entitled to keep.

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    • #3
      Thanks bcohen. I hope my lawyer pulls through....

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